New trade union workplace access rights: guide for schools and colleges

The government has published a draft Code of Practice and launched a consultation to obtain views on how this will work in practice. The Code contains template documents for trade unions and employers to use.   

Background

Under the existing legislative framework, unless there is a voluntary agreement in place, trade unions can not go into workplaces. 

If you recognise a trade union (as many schools and colleges do) the recognition agreement may spell out the circumstances in which union representatives (whom aren't your employees) can attend your workplaces. This will usually include attending relevant meetings and engaging in collective bargaining. Trade union representatives that you do employ also have certain rights. But in both cases, they don't have the right to use your workplace to drum up support to join the union unless you've agreed they can do this.

That is changing. 

The Employment Rights Act 2025 inserts new provisions in the Trade Union and Labour Relations (Consolidation) Act 1992 which will give unions the right to enter workplaces to meet, support, represent, recruit or organise workers (whether or not they are members of a trade union) as well as to facilitate collective bargaining. 

The statutory procedure

This is achieved via an ‘access agreement’ which can be entered into voluntarily, or imposed by the Central Arbitration Committee (CAC). 

The government expects any new trade union who wants access to approach you first, explain what it is looking for and give you an opportunity to agree without going through a formal process. If you agree terms, the written agreement must be lodged with the CAC. 

If you don't agree to the terms proposed by the union, the union must follow the statutory process which broadly looks like this:

Step 1: Union makes a formal request for an access agreement using a template form.

Step 2: You have 15 working days to respond (using a template form) and can i) agree to everything in the request, ii) agree to some of the terms, or iii) reject it.

Step 3: If you reject the request or wish to negotiate the terms, you have 25 working days to do this - although this can be extended in some circumstances.

Step 4: If those negotiations break down, either party can refer the matter to the CAC to determine (in most cases this is likely to be done by the union seeking access). This has to be done within 15 working days from the end of the negotiation period.

Step 5: The CAC will decide whether to impose an access agreement and if so, the terms that will apply to it. There are no fixed time-limits that apply to this part of the process.

Note: the time limits are expressed in working days which will amount to five days a week in most schools and colleges. 

What factors will the CAC take into consideration before reaching a decision? 

There is a presumption in favour of granting access even if you don't recognise a union and your staff aren't members of that union. 

The CAC will balance the right of the trade union to enter your workplace with your right to continue to operate without unreasonable interference. The Code explains the circumstances where i) access won't be granted - generally only where access would present a genuine risk to national security, or where you employ fewer than 21 members of staff across all sites; and ii) where it is reasonable not to grant access. 

With regard to the latter, the following circumstances are relevant:

• where you already recognise an independent trade union that represents one or more of your staff
• where a union has started the statutory process to obtain recognition; and
• where you've already agreed an access agreement with a different union. 

Most maintained schools, academies and colleges will recognise at least one trade union and have established collective consultation structures in place. In those circumstances, if a new union applies for an access agreement, the CAC will want to know whether the workers it wants access to are already represented by an existing union. If they are, it's unlikely, in our view, to grant the request.  

The bigger risk for schools and colleges is probably from existing unions who may use access rights to reach non-members or new staff, particulary in MATs and colleges operating across multiple sites. 

What types of arrangements are likely to be imposed by the CAC?

The Code refers to model terms and indicates that requests in line with these will be decided more quickly than those asking for complex arrangements and, more importantly, be granted. 

The government has not produced a model agreement. Instead, it has set out what is included, as follows: 

• Up to weekly access (yes you read that correctly!) provided that doesn't unreasonably interfere with your organisation. Access in this context refers to in person or digital access. It doesn't include you cascading information or setting up online meetings on behalf of the union. Weekly access can be averaged over a longer period of time (for example, if the agreement referred to access up to four times a month, this could take place over the course of one week if that suited both you and the union).
• What facilities and other accommodation you will provide. It includes an example of moving tables and chairs around to make space for physical meetings which seems oddly specific. The good news is that you won't be expected to make any significant changes to your premises or your IT systems.
• Communications between the union and your staff must remain private, and you must not attend meetings unless you are invited.
• The trade union must give you at least five working days notice of its first visit, and at least two working days notice of subsequent visits.
• The trade union must comply with any reasonable requests you make (more on that below); and
• The agreement must last for a maximum period of two years. 

There are other issues the CAC must consider before reaching a decision. In the context of schools and colleges, this will include complying with safeguarding arrangements you have in place for other visitors. It may also be appropriate to insist that union officials obtain enhanced DBS checks before they can access restricted areas. 

Where can access take place?

The Code states that ‘where practicable, a union should be granted access to the workers at their actual workplace, and in the actual location of their work in that workplace, such as in a meeting room, or in an adjoining work area’. In a school or college access should take place in staff rooms or in other spaces away from the children/pupils. 

When should it take place?

The Code requires you to allow a union to speak to your staff during normal working hours, but at times which minimise any possible disruption. Clearly, it would not be appropriate to grant access during times when the staff are teaching - and you won't be expected to do that. 

The Code suggests that in deciding the timing and meetings, you should follow your usual practice: ‘consideration should be given to holding events, particularly those involving a large proportion of the workers [within scope of the agreement] during rest periods or towards the end of a shift where possible.’ 

You are also encouraged to ‘align … access with events that involve significant proportions of the workforce during work-time, such as during induction events or at training courses’. One option is to use some time during staff training days for this.

Practical considerations 

Whilst there may be some changes to the Code resulting from feedback to the consultation, the right to request access comes into force on 1 October 2026. That doesn't give you much time to prepare, and the timeframes for responding to a request and negotiating terms are very short. You will, therefore, need to have a strategy in place to deal with applications. We recommend you: 

1. Decide who will negotiate on behalf of your school or college - and what internal approval processes they have to follow before they can agree terms with the union.
2. Don't concentrate power into one pair of hands. The time frames to negotiate terms are extemely tight and you don't want to be left high and dry if your chief negotiator isn't available.
3. Consider what reasonable access looks like for your organisation in terms of frequency of meetings. If the union wants access to members of your staff that work under term-time only contracts, or are entitled to take holiday during school holidays, it doesn't make sense to agree access when they are unlikely to be at work.
4. Consider what safeguards you need to have in place to protect the children/pupils in your care - such as DBS checks and escorting union officials to the space where the meeting is taking place.
5. Set up a clear process so that requests aren't missed or responses delayed.
6. If you operate across sites, adopt a consistent approach unless there are good reasons not to do so.
7. Where possible, align these with existing arrangements you have in place with unions.
8. Be realistic about what you agree to because agreements are enforceable. 

It is much better to negotiate the terms of the agreement, than have one imposed by the CAC because you'll be stuck with the agreement for up to two years, and if you breach it, the CAC can impose hefty financial fines of up to £500,000 for repeated breaches. 

How to respond

You can respond here. The deadline is 11.59pm on 20 May 2026.

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